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Supreme Court of India 2016-11-24

Mahanagar Telephone Nigam Ltd vs Applied Electronics Ltd

Bench: 2 — Dipak Misra

In Brief

MTNL challenged a Delhi High Court order that entertained a cross-objection in an appeal under the Arbitration and Conciliation Act, 1996, holding that the Code of Civil Procedure applies to such proceedings. The Supreme Court held that the 1996 Act is a complete, self-contained code. Unlike the 1940 Arbitration Act, it contains no provision applying the CPC. Section 5 limits judicial intervention strictly to what the Act permits. Therefore, cross-objections under CPC procedure rules cannot be entertained in arbitration appeals. The Court disagreed with precedent suggesting otherwise and referred the matter to a larger Bench for reconsideration.

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Arbitration and Conciliation Civil Procedure Judicial Intervention Appellate Jurisdiction Cross Objection

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